Chương II Luật Quản lý, sử dụng vũ khí, vật liệu nổ và công cụ hỗ trợ 2024 số 42/2024/QH15: Quản lý, sử dụng vũ khí

Chapter II

MANAGEMENT AND USE OF WEAPONS

Article 17. Research into, fabrication, production, trading, import and export of weapons

1. The research into, fabrication, production, repair, export and import of weapons for national defense and security purposes shall comply with regulations of Law on the National Defense and Security Industry and Industrial Mobilization and regulations of this Law.

2. Organizations and enterprises under the Ministry of National Defense are allowed to research into, fabricate and produce the weapons mentioned in points a, b and c clause 2, point a clause 4 and point a clause 5 Article 2 of this Law.

3. Organizations and enterprises under the Ministry of Public Security are allowed to research into, fabricate and produce the weapons mentioned in points b and c clause 2, point a clause 4 and point a clause 5 Article 2 of this Law.

4. Organizations and enterprises under the Ministry of Public Security and Ministry of National Defense are entitled to repair, trade in, export and import weapons.

5. After fully satisfying conditions, other organizations and enterprises may research into, fabricate, produce and repair weapons.

6. The Government shall elaborate on the trading, export and import of weapons, except for the case specified in clause 1 of this Article.

Article 18. Entities equipped with military weapons

1. The following entities are equipped with military weapons:

a) People’s Army;

b) Civil Defense Force;

c) Coast Guard;

d) People's Public Security;

dd) Cipher force;

e) Investigating authority of the People’s Supreme Procuracy;

g) Forest protection authorities, fisheries resources surveillance force;

h) Aviation security force;

i) Checkpoint customs; specialized anti-smuggling forces of the customs; counter-narcotics force of the customs.

2. The Minister of National Defense shall, according to the nature, requirements and missions, stipulate the equipment of military weapons for entities of People’s Army, Civil Defense Force, Coast Guard and cipher force under the management of the Ministry of National Defense.

3. The Minister of Public Security shall, according to the nature, requirements and missions, stipulate the equipment of military weapons for entities not under the management of the Ministry of National Defense.

Article 19. Types of military weapons provided for cipher force, investigating authority of People’s Supreme Procuracy, forest protection authorities, fisheries resources surveillance force, checkpoint customs, specialized anti-smuggling force of the customs, counter-narcotics force of the customs

1. Cipher force, investigating authority of People’s Supreme Procuracy and aviation security force shall be equipped with handguns and their ammunition.

2. Forest protection authorities, checkpoint customs, specialized anti-smuggling force of the customs and counter-narcotics force of the customs shall be equipped with handguns, submachine guns and their ammunition.

3. Fisheries resources surveillance force shall be equipped with handguns, submachine guns, light machine guns, heavy machine guns and machine guns whose diameter of barrel is up to 14.5 mm and their ammunition,

4. The equipment of military weapons other than those prescribed in clauses 1, 2 and 3 of this Article where necessary shall be decided by the Prime Minister.

Article 20. Procedures for equipping military weapons

1. Procedures for equipping entities not under the management of the Ministry of National Defense with military weapons are as follows:

a) An application shall include an application form, explicitly stating the name and address of the authority or unit wishing to be equipped with military weapons; full name, personal identification number or passport number of the legal representative and the contacting person, reasons, quantity, types and trademarks of the military weapons; written consent to the equipment of military weapons given by the leader of the Ministry or central authority;

b) The application specified in point a of this clause shall be submitted at the competent police authority specified by the Minister of Public Security;

c) Within 03 working days from the date of receiving the application in full, the competent police authority shall issue the license to acquire military weapons; in case of rejecting the application, a written explanation shall be provided;

d) The license to acquire military weapons shall be valid for a period of 60 days.

2. Procedures for equipping entities of People’s Army, Civil Defense Force, Coast Guard and cipher force under the management of the Ministry of National Defense with military weapons shall be subject to regulations of the Minister of National Defense.

Article 21. Procedures for issuing licenses to use military weapons

1. Procedures for issuing a license to use military weapons to an entity not under the management of the Ministry of National Defense are as follows:

a) An application shall include an application form, explicitly stating the name and address of the authority or unit, full name, personal identification number or passport number of the contacting person, quantity, type, country of production, trademark, number and symbol of each military weapon; a copy of the invoice or delivery note or document proving its lawful origin;

b) The license to use military weapons shall be re-issued in the cases where information about the authority or unit is changed or the license is lost or damaged.

An application form for re-issuance of the license to use military weapons shall clearly specify name and address of the authority or unit; reasons for re-issuance; quantity, type, country of production, trademark, number and symbol of each military weapon; full name, personal identification number or passport number of the contacting person. If the license to use military weapons is lost or damaged, the application form shall explicitly state the reasons for the loss or damage and handling results;

c) The application and documents set out in points a and b of this clause shall be submitted at the competent police authority specified by the Minister of Public Security;

d) Within 07 working days from the date of receiving the application in full, the competent police authority shall carry out a site inspection and issue the license to use military weapons; in case of rejecting the application, a written explanation shall be provided;

dd) The license to use military weapons shall only be issued to the authority or unit equipped with such military weapons and shall have no expiry date.

2. Procedures for issuing licenses to use military weapons to entities of People’s Army, Civil Defense Force, Coast Guard and cipher force under the management of the Ministry of National Defense shall be subject to regulations of the Minister of National Defense.

Article 22. Principles of use of military weapons

1. The use of military weapons for conducting military, national defense and national protection missions shall comply with regulations of law on national defense.

2. The use of military weapons for ensuring security and social order and safety shall adhere to the following principles:

a) The use of military weapons shall be decided according to the circumstances, nature and level of threat posed by the suspect;

b) Military weapons shall only be used if there is no measure to suppress the suspect and the suspect ignores the warning;

c) Military weapon will be used immediately if the untimely use of these military weapons jeopardizes lives and health of law enforcers or other people or causes extremely serious consequences;

d) Military weapon shall not be used in case the suspect is a woman, disabled person, child, old person or person having lost his/her capacity for civil acts unless the suspect uses weapons and/or explosive materials for attacking, resisting or threatening lives and health of law enforcers or other people;

dd) In any case, the users of military weapons shall limit the damage caused by these weapons.

3. The use of military weapons for carrying out independent missions shall comply with regulations of clause 2 of this Article and Article 23 of this Law and other relevant regulations of law.

The use of military weapons for carrying out organized missions shall obey competent persons’ orders. The persons issuing orders shall comply with regulations set forth in clause 2 of this Article and Article 23 of this Law and other relevant regulations of law and take responsibility for their decisions.

4. Persons assigned to use military weapons shall not assume responsibility for damage if they comply with regulations in clause 3 of this Article. If a person uses military weapons beyond the justified force in self-defense, causes obvious damage beyond the urgent circumstances, takes advantage of or misuses the use of military weapons for killing or harming others or infringing upon property, legitimate rights and interests of an organization or individual, he/she shall incur penalties in accordance with regulations of law.

Article 23. Cases in which gunfire is allowed to ensure security and order

1. A person carrying out an independent mission shall give warning in acts, verbal orders or warning shot before shooting at a suspect if:

a) The suspect is using weapons, explosive materials, force or other tools for attacking, resisting or threatening lives and health of law enforcers or other people;

b) The suspect is using weapons, explosive materials, force or other tools for disturbing the public order and threatening the lives, health and property of other persons;

c) The person who is being sought, arrested or detained in case of emergency or person who is kept in police custody, in temporary detention, escorted, sentenced or imprisoned is resisting and threatening the lives and health of law enforcers or other persons; the suspect is rescuing people who are subject to coercive delivery or forced escort, imprisoned or detained due to commission of serious crimes, very serious crimes or extremely serious crimes or dangerous recidivism;  

d) It is clear that the suspect is committing a serious crime, very serious crime or extremely serious crime; and

dd) The person carrying out an independent mission is allowed to shoot at a road vehicle or inland waterway vessel, except for vehicles of diplomatic missions, foreign consuls, representatives of international organizations, to stop this vehicle if the person driving this vehicle attacks or directly threatens the lives and health of law enforcers or other persons; or it is evident that the suspect is attempting to escape on the vehicle, unless there are carries persons or hostages being carried in this vehicle or it is evident that the suspect is attempting to escape on the vehicle carrying crimes, illegal weapons or explosive materials, reactionary documents, state secrets, narcotics or national treasures, unless there are carries persons or hostages being carried in this vehicle.

2. A person carrying out an independent mission is allowed to shoot at a suspect without warning if:

a) The suspect is using weapons or explosive materials to directly commit an act of terrorism, provoke a riot, kill persons or take hostages or is directly using these weapons or explosive materials for resisting the arrest immediately after committing the crime;

b) The suspect that produces, trades in, stores, transports, appropriates or organizes the illegal use of narcotics directly uses weapons or explosive materials for resisting the arrest;

c) The suspect is using weapons or explosive materials to directly attack or threaten the safety of any VIP, work of national security significance or important target provided with protection in accordance with regulations of law;

d) The suspect is using weapons, explosive materials or force to directly threaten lives and health of law enforcers or other persons;

dd) The suspect is directly robbing law enforcers of their military weapons; and

e) The person carrying out an independent mission is allowed to shoot at animals directly threatening lives and health of law enforcers or other persons;

g) The person carrying out an independent mission is allowed to prevent or disable unmanned vehicles that directly attack, threaten to attack or violate prohibited places, prohibited areas, protected areas or protected targets.

Article 24. Entities equipped with sporting weapons

1. The following entities are equipped with sporting weapons:

a) People’s Army;

b) Civil Defense Force;

c) Coast Guard;

d) People's Public Security;

dd) Sports clubs and sports training and coaching institutions that have obtained operating licenses;

e) Centers for national defense and security education;

g) Other authorities, organizations and enterprises that are established and issued with operating licenses related to sports training and competition.

2. The Minister of Public Security shall, according to the nature, requirements and missions, stipulate the equipment of sporting weapons for entities not under the management of the Ministry of National Defense after reaching agreement with the Minister of Culture, Sports and Tourism.

3. The Minister of National Defense shall, according to the nature, requirements and missions, decide the equipment of sporting weapons for entities of People’s Army, Civil Defense Force, Coast Guard, sports clubs, sports training and coaching institutions and centers for national defense and security education under the management of the Ministry of National Defense.

Article 25. Procedures for equipping sporting weapons

1. Procedures for equipping entities not under the management of the Ministry of National Defense with sporting weapons are as follows:

a) An application shall include an application form, explicitly stating the name and address of the authority, organization or enterprise wishing to be equipped with sporting weapons and full name, personal identification number or passport number of the legal representative, reasons, quantity, types and trademarks of the sporting weapons; written consent to the equipment of sporting weapons given by the competent authority specified by the Ministry of Culture, Sports and Tourism;

b) The application prescribed in point a of this clause shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Public Security or by post to the competent police authority specified by the Minister of Public Security; in case of direct submission, the application form shall include full name, personal identification number or passport number of the contacting person;

c) Within 03 working days from the date of receiving the application in full, the competent police authority shall issue the license to acquire sporting weapons; in case of rejecting the application, a written explanation shall be provided;

d) The license to acquire sporting weapons shall be valid for a period of 60 days.

2. Procedures for equipping entities of People’s Army, Civil Defense Force, Coast Guard, sports clubs, sports training and coaching institutions and centers for national defense and security education that are under the management of the Ministry of National Defense shall be subject to regulations laid down by the Minister of National Defense.

Article 26. Procedures for issuing licenses to use sporting weapons

1. Procedures for issuing a license to use sporting weapons to an entity not under the management of the Ministry of National Defense are as follows:

a) An application shall include an application form, explicitly stating the name and address of the authority, organization or enterprise, reasons, quantity, type, country of production, trademark, number and symbol of each sporting weapon; a copy of the invoice or delivery note or document proving its lawful origin;

b) The license to use sporting weapons shall be re-issued in the cases where information about the authority, organization or enterprise is changed or the license is lost or damaged.

An application form for re-issuance of the license to use sporting weapons shall contain name and address of the authority, organization or enterprise; reasons for re-issuance; quantity, type, country of production, trademark, number and symbol of each sporting weapon; full name, personal identification number or passport number of the contacting person. If the license to use sporting weapons is lost or damaged, the application form shall explicitly state the reasons for the loss or damage and handling results;

c) The application and documents prescribed in points a and b of this clause shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Public Security or by post to the competent police authority specified by the Minister of Public Security; in case of direct submission, the application form shall include full name, personal identification number or passport number of the contacting person;

d) Within 07 working days from the date of receiving the application in full, the competent police authority shall carry out a site inspection and issue the license to use sporting weapons; in case of rejecting the application, a written explanation shall be provided;

dd) The license to use sporting weapons shall only be issued to the authority, organization or enterprise equipped with such sporting weapons and shall have no expiry date.

2. Procedures for issuing licenses to use sporting weapons to the entities of People’s Army, Civil Defense Force, Coast Guard, sports clubs, sports training and coaching institutions and centers for national defense and security education that are under the management of the Ministry of National Defense shall be subject to regulations laid down by the Minister of National Defense.

Article 27. Use of sporting weapons

1. Sporting weapons shall be licensed by a competent authority and used in sports training and competition at shooting ranges or places of training or competition. The use of sporting weapons shall be warned, ensure the safety and comply with lesson plans for training, regulations on sports competition and rules of sports tournaments.

2. Sporting weapons must undergo safety inspection before, during and after training and competition.

3. Sporting weapons shall be issued to athletes, coaches, learners or members of the entities prescribed in clause 1 Article 24 of this Law for sports training and competition at shooting ranges or places of training and competition.

Article 28. Procedures for issuing licenses to purchase military weapons and sporting weapons

1. Procedures for issuing a license to purchase military weapons or sporting weapons to an organization or enterprise under the Ministry of Public Security permitted to produce and trade in military weapons or sporting weapons are as follows:

a) It is required to submit an application form, explicitly stating the names and addresses of the authority, organization or enterprise wishing to purchase the military weapons or sporting weapons and of the seller; quantity, types and trademarks of the military weapons or sporting weapons; full names, personal identification number or passport number of the legal representative and the contacting person;

b) The application form prescribed in point a of this clause shall be submitted at the competent police authority specified by the Minister of Public Security;

c) Within 03 working days from the date of receiving the application in full, the competent police authority shall issue the license to purchase military weapons or sporting weapons; in case of rejecting the application, a written explanation shall be provided;

d) The license to purchase military weapons or sporting weapons shall be valid for a period of 30 days.

2. Procedures for issuing licenses to purchase military weapons or sporting weapons to organizations and enterprises under the Ministry of National Defense permitted to produce and trade in military weapons or sporting weapons shall be subject to regulations of the Minister of National Defense.

Article 29. Transport of military weapons and sporting weapons

1. The transport of military weapons and sporting weapons shall comply with the following regulations:

a) A transport order or transport license issued by a competent authority or person is required;

b) Confidentiality and safety must be ensured;

c) Dangerous military weapons and sporting weapons shall be transported by specialized vehicles, satisfying safety, fire prevention and fighting requirements;

d) Military weapons, sporting weapons and persons must not be transported in a vehicle, except for the vehicle operator and escort;

dd) Vehicles transporting military weapons and sporting weapons must not stop or park in crowded places, residential areas, petrol filling stations or in the vicinity of works of national defense, security, economic, cultural and diplomatic significance. In case of a night rest or incident resulting in the lack of guards, the vehicle operator or escort must immediately inform the nearest military authority or police authority for cooperation and protection as may be necessary.

2. Procedures for issuing a license to transport military weapons or sporting weapons to an entity not under the management of the Ministry of National Defense are as follows:

a) An application form, explicitly stating the name and address of the authority, organization or enterprise; quantity, types, trademarks and origin; full names, personal identification number or passport number of the contacting person, the vehicle operator and the escort; transport vehicle, its license plate; time of transport, place of departure, place of arrival, route of transport;

b) The application form prescribed in point a of this clause shall be submitted at the competent police authority specified by the Minister of Public Security;

c) Within 03 working days from the date of receiving the application in full, the competent police authority shall issue the transport license; in case of rejecting the application form, a written explanation shall be provided;

d) The license to transport military weapons or sporting weapons shall be valid for a period of 30 days;

dd) If the military weapons or sporting weapons are transported using multiple vehicles of the same type during a trip, only 01 transport license shall be issued; if transported using multiple types of vehicles, 01 transport license shall be issued to each type of vehicle.

3. Procedures for issuance of orders for transporting military weapons and sporting weapons to entities under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

Article 30. Procedures for issuing licenses to repair military weapons and sporting weapons

1. Procedures for issuing a license to repair military weapons or sporting weapons to an entity not under the management of the Ministry of National Defense are as follows:

a) It is required to submit an application form, explicitly stating the names and addresses of the authority, organization or enterprise wishing to have its military weapons or sporting weapons repaired and of the authority, organization or enterprise carrying out repair; reasons; quantity, type, trademark, number or symbol of each military weapon or sporting weapon to be repaired; time of repair; full names, personal identification number or passport number of the legal representative and the contacting person;

b) The application form prescribed in point a of this clause shall be submitted at the competent police authority specified by the Minister of Public Security;

c) Within 03 working days from the date of receiving the application in full, the competent police authority shall issue the license; in case of rejecting the application, a written explanation shall be provided.

2. The repair of military weapons and sporting weapons for the entities under the management of the Ministry of National Defense shall comply with regulations issued by the Minister of National Defense.

Article 31. Declaring cold weapons used as artifacts for display or exhibition or as heirlooms

1. Any owner of the cold weapons specified in point a clause 4 Article 2 of this Law which are used as artifacts for display or exhibition or as heirlooms shall make declaration.

2. Procedures for declaring a cold weapon used as an artifact for display or exhibition or as an heirloom are as follows:

a) The declaration dossier shall include a declaration, explicitly stating full name, personal identification number or passport number of the applicant, reasons for declaration, quantity, type, trademark, number and symbol of the cold weapon; a copy of the document proving its origin (if any);

b) The dossier prescribed in point a of this clause shall be submitted on the national public service portal or information system for handling administrative procedures of the Ministry of Public Security or at the police of the commune, ward or commune-level town where the owner's head office is located or the owner resides;

c) Within 03 working days from the date of receiving a sufficient dossier, the police of the commune, ward or commune-level town shall issue a notification confirming the weapon declaration to the owner.